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NAVY | DRB | 2005_Navy | ND0500620
Original file (ND0500620.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-AC3, USN
Docket No. ND05-00620

Applicant’s Request
The application for discharge review was received on 20050223. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051006. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of defective enlistment and induction due to fraudulent entry .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I have been denied MGI Bill Benefits. I am already half way through my degree program. I was told by my last command that I would be eligible. I was discharged with an “Under Honorable Conditions”. I request “Honorable” because the reason for my discharge was due to Endometriosis. I had this before the military but not at the time I went in. I was unaware that it would come back but it did. I can provide medical records confirming this. My recruiter told me not to disclose that information.

I did not disclose that medical information because my recruiter (G_ D_ - Tyler, TX) told me it wasn’t necessary due to it was not longer an issue. I realize that it was a bad decision and I sincerely regret not disclosing it. However, I really want to obtain an education and the only way I can do that is with MGI Bill Assistance. I am also a Navy Spouse now. My husband (D_ S. F_, Jr (social security number deleted)) and I are very concerned about getting my Discharge changed to Honorable. I had very Honorable Service while I was in the military and made a priceless mistake that has put me in the position now and I want desperately to resolve this. Pertaining to my medical records you will see DX of Depression, Endometriosis, Dermatyphosis, Irritable Bowel Syndrome, Anemia and Dysfunctional Uterine Bleeding. None of the DX were connected to the Endometriosis. Those were other things that onset during my service. This discharge was not initiated by my command. It was initiated by me. I initiated my discharge because I felt due to my medical problems I was letting my shipmates down. That is the worst feeling in the world and I knew it would benefit the Navy for me to be gone. I would very much appreciate the opportunity to have my discharge and/or Character of Service changed. If not only for being able to obtain Education from my MGI Bill, then for myself and others, to know that I did serve honorably and I only had the best of intentions.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s license and certificate of marriage dated March 11, 2004
Thirty-two pages from Applicant’s service records
Eight medical photos on two pages

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020108 - 20020303      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20020304             Date of Discharge: 20040507

 Length of Service (years, months, days):

         Active: 02 02 04
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 20

 Years Contracted: 4 (12-month extension)

 Education Level: 12                                 AFQT: 58

 Highest Rate: AC3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.0 (1)                       Behavior: 1.0 (1)                 OTA: 2 .43

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal; Sea Service Deployment Ribbon; Global War on Terrorism Expeditionary Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MILPERSMAN, Article 1910-134 (formerly 3630100).
Chronological Listing of Significant Service Events :

040113:  Naval Medical Center, Portsmouth, Outpatient Psychology Progress Note:
         Diagnostic Impression:
         AXIS I:  Adjustment disorder with depressed mood (improving)
 Agoraphobia without a history of panic disorder (provisional)
                   AXIS II:         Borderline and dependant traits
040203:  Report of Medical History: “Applicant admits to falsifying previous SF 93’s because “Her detailer told her” many of her conditions were pre-existing conditions and stem from her MVA at age 12.”
040301:  Applicant requested separation based on physical or behavioral conditions not amounting to a disability. “The medical condition is Endometriosis, a condition where tissue attaches to organs of the abdominal cavity causing pain and other serious side effects, and IBS (caused by stress factors)… The medical condition did not exist upon my entry into the Navy. I had endometriosis before enlisting, but had surgery to remove it… This medical condition did not contribute to misconduct. Endometriosis is known to reoccur but I was advised by recruiter not to disclose that information…”
040331:  Memorandum from Branch Medical Clinic NAS Oceana: After completing the physical exam of Applicant on 040203, Medical Officer recommended that Applicant be permanently grounded and administratively separated due to violation of MILPERSMAN 1910-134 (fraudulent enlistment). Applicant’s medical record clearly states that she withheld information regarding medical conditions she had prior to enlistment.

040421:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistment and induction - fraudulent entry into the naval service and convenience of the government - physical or mental conditions.
040422:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040427:  Commanding Officer, Tactical Air Control Squadron TWENTY-ONE directed Applicant’s general (under honorable conditions) discharge by reason of fraudulent entry into military service (material omission).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040507 by reason of defective enlistment and induction due to fraudulent entry (A) with a service characterization of general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

 When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service is marred by a fraudulent enlistment and her enlisted performance is reflected in her evaluation averages. The Applicant’s averages for her enlistment are 3.0/1.0 for performance and behavior, respectively. The NDRB found that the Applicant’s characterization of service of general (under honorable conditions) was therefore appropriate. Relief is denied.

On 20040301, the Applicant requested separation based on a condition not a disability where she admitted to a previous medical condition, endometriosis, which she did not disclose at the time of her enlistment into the Navy. The Board found that the documentation and statements provided for review do not refute the Applicant’s reason for discharge. Namely, that the Applicant deliberately misrepresented her medical history during the enlistment process, including the omission or concealment of facts which, if known at the time would have reasonably been expected to preclude, postpone, or otherwise affect the Applicant’s eligibility for enlistment or induction. The Board found that the Applicant’s claim, that her recruiter instructed her to omit information during enlistment process, does not mitigate the Applicant’s failure to disclose relevant information. No narrative reason other than fraudulent entry more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.



PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .
The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

 _

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